1794435.1
ORDINANCE NO. 2960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE ADOPTING AN UPDATED GARDEN GROVE POLICE
DEPARTMENT MILITARY EQUIPMENT USE POLICY PURSUANT TO
GOVERNMENT CODE 7071 AND RESCINDING ORDINANCE NO S. 2944 AND 2953.
City Attorney Summary
This Or dinance adopts an updated Garden Grove
Police Department Military Equipment Use Policy
pursuant to Government Code 7071 and replaces
Ordinance Nos. 2944 and 2953, which had amended
the initial approval of the Department’s Military
Equipment Use Policy.
WHEREAS, the mission of the Garden Grove Police Department (Department) is to provide the highest quality police services to the communities it serves; and
WHEREAS, the Department values transparency and public input, and welcomes open dialogue about its practices and operations; and
WHEREAS, the preservation and sustainability of public safety, civil rights, and officer safety is paramount; and
WHEREAS, the Department responds to a wide variety of critical incidents, instances of civil unrest, and life and death situations, and operates in numerous unpredictable, dynamic environments; and
WHEREAS, a variety of equipment options is needed for safe and effective resolution of those situations; and
WHEREAS, each situation is evaluated by incident commanders or supervisors who, based on circumstances and Department directives, determine which equipment should be used; and
WHEREAS, the Department’s diverse catalogue of military equipment, as defined in state law, and associated training gives police officers the confidence and capability to deescalate volatile situations, enhance the safety of the public and officers, and bring critical incidents to a safe resolution; and
WHEREAS, from time to time, the Department may be asked to assist or need to be assisted by other law enforcement agencies, which may include use of military equipment, as defined in state law; and
WHEREAS, partnerships with other law enforcement agencies are an integral part of maintaining the continuity of public safety within the region; and Garden Gove City Council
Ordinance No. 2960
WHEREAS, Assembly Bill 481 (AB 481) became effective on January 1, 2022; and
WHEREAS, AB 481 defines military equipment in Government Code section 7070(c) to include a wide range of equipment as described in the Department’s Military Equipment Policy 706; and
WHEREAS, AB 481 requires the Department to obtain the approval of the City Council by an ordinance adopting its Policy 706 prior to requesting military equipment from the federal government, seeking funds for military equip ment, including grants and donations, acquiring military equipment, collaborating with another law enforcement agency in the use of military equipment in Garden Grove, using any new or existing military equipment in a manner not previously approved by the City Council, or entering into an agreement for funding, receipt, acquisition, use of, or collaboration in the use of military equipment; and
WHEREAS, to promote public safety, civil rights, and officer safety, the Department desires to continue using, se eking funding for, acquiring, and collaborating, when necessary, with other law enforcement agencies, in the use of the military equipment described in its Policy 706; and
WHEREAS, on June 14, 2022, the Council adopted Ordinance No. 2935 approving the Department’s initial Military Use Policy which was, at that time, identified as General Order 2.29; and
WHEREAS, on November 14, 2023, the Council adopted Ordinance No. 2944 , which renamed the initial Policy from General Order 2.29 to Policy No. 706; and
WHEREAS, on March 26, 2024, the Council adopted Ordinance No. 2953 amending Attachment 706.5 of Policy No. 706 to add 22 Geissele Super Duty AR-15 rifles to the equipment inventory; and
WHEREAS, the Department has presented its annual report regarding the Department’s use of military equipment to the Council and the Council finds that the annual report meets the requirements of Government Code section 7072; and
WHEREAS, the Council has examined the Department’s updated Policy 706 and finds that the Police Department has submitted all information described in Government Code section 7070(d) and 7072(a), enabling the City Council to make the findings in this ordinance; and
WHEREAS, pursuant to Government Code section 7071(d), the City Council finds that the military equipment described in Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
Garden Gove City Council
Ordinance No. 2960
WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that continued use of existing military equipment and purchase of military equipment described in Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that the Department will ensure use of existing military equipment described in Policy 706 will comply with the policy in the future; and
WHEREAS, the Department’s Policy 706 has been prepared as its proposed military equipment use policy, and it has been published on the Garden Grove Police Department’s internet website as required by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:
SECTION 1 : The foregoing recitals are hereby incorporated in full and adopted as the City Council’s findings pertaining to the Garden Grove Police Department’s Military Equipment Use Policy.
SECTION 2: Based on the above recitals and findings, and the information provided to the City Council at the public meeting, the City Council determines that the updated Policy No. 706 of the Garden Grove Police Department complies with standards for approval under Government Code section 7071:
1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. Policy No. 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. All military equipment use prior to the adoption of Policy No. 706 complied with applicable Department policy in effect at that time, and adoption of Policy No. 706 will ensure future compliance.
Garden Gove City Council
Ordinance No. 2960
SECTION 3 : Garden Grove Police Department updated Policy No. 706 pertaining to Military Equipment, establishing the Department’s Military Equipment Use Policy is hereby approved and adopted.
SECTION 4: The City Council approves seeking funds for military equipment described in Policy No. 706 , including grants and donations, acquiri ng military equipment described in Policy No. 706 , collaborating as needed with another law enforcement agency in the deployment or use of military equipment in Garden Grove or Orange County, using existing military equipment as described in Policy No. 706, and soliciting or entering into an agreement for funds, acquisition, use of, or collaboration for use of military equipment described in Policy No. 706.
SECTION 5: T hat this approval is not intended to and shall not supersede existing procedures to seek approval for the appropriation and expenditure of specific funds through the bi -annual budget process, or existing processes for the approval and execution of contracts, donations, and grants.
SECTION 6: T hat the City Council shall review this Ordinance annually and vote whether to renew the Ordinance, consistent with the requirements of state law.
SECTION 7 :
This Ordinance replaces Ordinance No s. 2944 and 2953 and upon its adoption Ordinance Nos. 2944 and 2953 are hereby rescinded.
SECTION 8: I f any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 9: T
he Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
ATTEST:
MAYOR
_______________________________
CITY CLERK
Garden Gove City Council
Ordinance No. 2960
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on November 12, 2024, with a vote as follows:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, TRAN, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE